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as aforesaid appointed by the said justices, to be accounted for by the said treasurer, and to be applied by the said justices towards the building, repairing, or amending such bridges, and the highways at the end of such bridges, and to no other end or purpose whatsoever.

Bridges.

V. And be it enacted by the authority aforesaid, that all Matters matters concerning the repairing and amending of the concerning repair of bridges and highways hereinbefore mentioned, shall be bridges, &c. determined in the county where they lie, and not else- where to be where; and that no presentment or indictment for not re- determined. pairing such bridges, or the highways at the end of such bridges, shall be removed by certiorari out of the said county into any other court.

VIII. Provided always, that this act, nor any thing Persons and therein contained, shall excuse or discharge any particular things expersons, estates, or places, from repairing any bridge, which they have heretofore usually repaired.

empted.

XIII. And whereas many private persons, or bodies politic or corporate, are of right obliged to repair such decayed bridges, and the highways thereunto adjoining, but because the inhabitants of the county, riding, or division, in which such decayed bridge or highways lie, have not been allowed, upon informations or indictments brought against such person or persons, bodies politic or corporate, for not repairing such decayed bridges, and the highways thereunto adjoining, by the judges before whom such information or indictment is to be tried, to be legal witnesses : be it enacted and declared, that in all informations or in- Evidence dictments to be brought and tried in any of her majesty's of inhabitcourts of record at Westminster, or at the assizes or quarter taken in sessions of the peace, the evidence of the inhabitants, being informacredible persons, or any of them, of the town, corporation, tions. county, riding, or division, in which such decayed bridge or highway lies, shall be taken and admitted, in all such cases, in the courts aforesaid; any custom, rule, order, or usage, to the contrary notwithstanding.

Note. An indictment for not repairing a county bridge may be removed by certiorari, at the instance of the prosecutor, notwithstanding the general words of the 5th section of this act: R. v. Inhab. Cumberland,

ants to be

3 B. & P. 354; and see ante, tit. "Certiorari." And the act does not take away the certiorari in any case where a private person or parish is charged: R. v. Inhab. Hamworth, 2 Str. 900.

12 Geo. 2, c. 29.

Whereas, by an act passed in the 22nd year of the reign Preamble, of King Henry the Eighth, for repairing and amending reciting the bridges and highways; and whereas, by another act, passed act 22 Hen. 8, c.5, in the first year of the reign of her late majesty Queen Anne, l'Anne, to explain and alter the said act, it is, for the more easy tax- st. 1, c.18.

Bridges. ing and collecting the money for the repair of such bridges and highways thereunto adjoining, (amongst other things) enacted, that the justices of the peace within the several limits of their commissions, shall, at their general or quarter sessions of the peace, have full power and authority, upon due presentment to them made, that any bridge within their respective commissions or authorities is out of repair, and which by them hath usually, or ought to have been repaired and maintained, to make assessments upon every town, parish, or place, within their respective commissions for that purpose, in proportions, upon each respective town and parish, as they usually have been assessed towards the repair of bridges; which assessments are to be levied and collected in the manner prescribed by the said act: [the act then recites several other acts creating certain rates.] And whereas it is apparent that the manner and methods prescribed by the said several acts for collecting some of the said rates, are impracticable, the sums charged on each parish in the respective divisions being so small, that they do not, by an equal pound rate, amount to more than a fractional part of a farthing in the pound on the several persons thereby ratable; and, if possible to have been rated, the expense of assessing and collecting the same, would have amounted to more than the sum rated; and whereas many and great doubts, difficulties, and inconveniences, have arisen in making and collecting other of the said rates: therefore, that the good ends and purposes of the said several statutes may be answered, and the several sums of money, thereby intended to be raised, may effectually be collected with as much ease and certainty, and as little expense, as can be, to the parties obliged by the said laws to pay the same be it therefore enacted, &c. that, from and After 1Sept. after the first day of September, 1739, the justices of the 1739, juspeace, in that part of Great Britain called England, within make from the respective limits of their commissions, at their general time to time or quarter sessions, or the greater part of them, then and one general there assembled, shall have full power and authority, from assessment, instead of time to time, to make one general rate or assessment for the several such sum or sums of money as they in their discretions shall think sufficient to answer all and every the ends and purpointed by several acts. poses of the before-recited acts, instead and in lieu of the several separate and distinct rates directed thereby to be made, levied, and collected,

tices to

rates ap

&c. but

upon presentments

No repairs XIII. And be it further enacted by the authority afore of bridges, said, that no part of the money to be raised and collected in pursuance of this act, shall be applied to the repair of any bridges, gaols, prisons, or houses of correction, until presentments be made by the respective grand juries, at the assize, great sessions, general gaol delivery, or general or quarter sessions of the peace held for any county, riding, division, city, town corporate, or liberty, of the insufficiency,

of the grand jury.

inconveniency, or want of reparation of their bridges, Bridges. gaols, prisons, or houses of correction. (See 52 Geo. 3, c. 110.)

XIV. And be it further enacted by the authority afore- Justices to said, that from and after the first day of June, 1739, when contract with perany public bridges, ramparts, banks, or cops, or other sons for works, are to be repaired at the expense of any county, public recity, riding, hundred, division, liberty, or town corporate; pairs; it shall and may be lawful to and for the justices of the peace, at their general or quarter sessions respectively, or the greater part of them then and there assembled, if they think proper and convenient, after presentment to be made as aforesaid of the want of reparation of such bridges, ramparts, banks, or cops, to contract and agree with any person or persons for rebuilding, repairing, and amending of such bridges, ramparts, banks, or cops, as shall be within their respective counties, cities, ridings, hundreds, divisions, liberties, or towns corporate, and all other works which are to be repaired and done by assessment on the respective counties, cities, ridings, hundreds, divisions, liberties, or towns corporate, for any term, or term of years, not exceeding seven years, at a certain annual sum, payment, or allowance for the same; such contractor or contractors giving sufficient security for the due performance thereof, to the respective clerk of the peace for the time being, or the town clerk, high bailiff, or chief officer of any county, town corporate, or liberty; and that such jus- upon public tices, at their respective general or quarter sessions, shall notice. give public notice of their intention of contracting with any person or persons for rebuilding, repairing, and amending the bridges, ramparts, banks, or cops, and other works aforesaid; and that such contracts shall be made at the most reasonable price or prices, which shall be proposed by such contractors respectively; and that all contracts, when agreed to, and all orders relating thereto, shall be entered in a book, to be kept by the respective. clerk of the peace for the time being, or the town clerk, high bailiff, or chief officer of any city, town corporate, or liberty, for that purpose, who is and are hereby required to keep them amongst the records of such county, city, town corporate, or liberty, to be from time to time inspected at all seasonable times, by any of the said justices within the limits of their commissions; and by any person or persons employed, or to be employed, by any parish, township, or place, contributing to the purposes of this act, without fee or reward. (See 52 Geo. 3, c. 110.)

14 Geo. 2, c. 33.

Whereas it does and may happen, that when county Preamble, bridges are to be rebuilt or repaired, a piece or parcel of reciting the

act 13 G. 2. c. 24.

Justices at

purchase lands to build county bridges.

Bridges. ground thereto adjoining may be of great use or service, either for enlarging such bridges, or more commodiously rebuilding them; and whereas there is no power given by the laws in being, for the rebuilding or repairing of county bridges, to the justices of the peace, to purchase any such pieces or parcels of ground Therefore, for the better repairing and rebuilding county bridges, be it enacted, &c., that from and after the 24th day of their quarter June, 1741, the justices of the peace of any county, city, sessions may riding, liberty, or division, at their general sessions, or general quarter sessions assembled, or the major part of them, shall have power, and are hereby authorized, to purchase of, or agree or contract with, any person or persons, bodies politic or corporate, for any piece or parcel of land adjoining or near to any county bridge within the limits of their respective commissions, for the more commodiously enlarging or conveniently rebuilding the same; which pieces or parcels of land shall not exceed one acre in the whole, for any such bridge, and shall from time to time be paid for by the respective county treasurers, out of any monies raised, or to be raised, by virtue of an act made in the twelfth year of the reign of his present majesty, intituled "An Act for the more easy Assessing, Collecting, and Levying of County Rates;" such treasurers being thereunto authorized, by orders under the hands and seals of the respective justices of the peace, at their general sessions, or general quarter sessions, or the major part of them; which lands, so purchased, shall be conveyed to such person or persons as the said justices of the peace at their general sessions, or general quarter sessions, or the major part of them, shall respectively appoint, in trust, and for the uses and purposes of enlarging or rebuilding such bridges respectively.

Note. It was considered that this act impliedly enabled the magistrates to alter the position of bridges: R. v.Justices of Glamorgansh. 5 T. R. 283.

But, where bridges are in decay, that power is expressly given them by the following statute.

43 Geo. 3, c. 59.

I. Whereas the inhabitants of counties in that part of the united kingdom called England, are by law bound to repair, support, and maintain the public bridges, commonly called county bridges, within such counties respectively, and the roads at each of the ends thereof for limited distances; but the laws empowering them so to do are insufficient and defective; and whereas doubts have arisen how far the said inhabitants are liable to improve such bridges, when they are not sufficiently commodious for the public: Surveyors for remedy thereof, be it enacted, &c., that it shall be lawful to and for the surveyor of bridges and other public

* county

`s, &c.

to get mate.

the same

3, c. 78.

works, in each and every county respectively, within that Bridges. part of the united kingdom called England, appointed, or to be appointed, by the justices at any general quarter ses- in England, sions of the peace to be holden for such county, and the empowered said surveyor is hereby authorized and empowered, to rials for the search for, take, and carry away, gravel, stone, sand, and repair of other materials, for the repair of such bridges and roads at bridges, in the ends thereof, as the inhabitants of counties are bound manner as to repair, and to remove obstructions and annoyances from surveyors of such bridges and roads, in such and the same manner as highways the surveyor or surveyors of any common highway within under 13 G. this kingdom is or are by an act, &c. (13 Geo. 3, c. 78,) authorized to do; and the several powers and authorities thereby vested in the surveyor or surveyors of highways, as well for the getting of materials, as the preventing and removing of all nuisances and annoyances from such bridges and roads, shall be, and the same are hereby, vested in the surveyor and surveyors of county bridges and the roads at the ends thereof, as aforesaid; and the several penalties, forfeitures, matters, and things in the said act contained, relating to highways, shall be, and the same are hereby extended and applied, as far as the same are applicable, to such bridges, and the roads at the ends thereof, as aforesaid, as fully and effectually as if the same and every part thereof were herein repeated and re-enacted; the said surveyor or surveyors making satisfaction and compensation for all trespass and damage done in the execution of the powers of this act, in such and the same manner as the surveyors of highways are required to make, in and by the said above-mentioned act of the thirteenth year of the reign of his present majesty.

sessions

II. And be it further enacted, that where any bridge or Quarter bridges, or roads at the ends thereof, repaired at the exmay widen pense of any county, shall be narrow and incommodious, it and improve shall and may be lawful to and for the said justices, at any or alter the of their general quarter sessions, to order and direct such situation of bridge or bridges, and roads, to be widened, improved, and county bridges, &c. made commodious for the public; and that where any bridge or bridges, repaired at the expense of any county, shall be so much in decay as to render the taking the same wholly down necessary or expedient, it shall and may be lawful to and for the said justices, at any of their said general quarter sessions, to order and direct the same to be re-built either on the old site or situation, or on any new one more convenient to the public, contiguous to or within two hundred yards of the former one, as to such justices shall seem meet; and if, for the purpose of altering the situation or of widening or enlarging any such bridge or bridges, road or roads, as aforesaid, it shall be necessary to purchase any land or ground, it shall and may be lawful for such county surveyor or surveyors, by and under the

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